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HomeMy WebLinkAbout01/17/19404 yt€ . e JANUARY 17, 1940 THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session Wednesday, January 17, 1940, 7:30 p.m. in the • Council Chambers, City Hall; Chairman Hopkins presiding. Meeting called to order by the Chairman. HOLi, CALL:- Commissioners present: Hopkins, Seager, Briggs, • 0 Williams, Patterson. Commissioners absent: Findlay, Estus, Whitson, Hodgkinson. Building Inspector Nelson and Attorney Thompson attended. MINUTES: - Com. Briggs moved that the minutes of the regular meeting held December 20, 1930 be approved as written. Seconded by Com. Williams. Motion carried and so ordered by the Chairman. HEARINGS: - VARIANCE APPLICATION OF DR. J. A. LINN - Application of Dr. J. A. Linn for a 50% front yard setback variance upon Lot 5, Tract 1049, Balboa Island was read by the Secretary. He stated that the plans had been posted, hearing advertised, postcard notices sent to surrounding property owners, and all other requirements of the ordinance complied with. He also stated that no written protests or other communications had been received in connection with this application. Chairman declared the hearing open for discussion. Plans of the proposed building and map of the tract were examined by the commission. Mr. Ellerbroek, representing Dr. Linn, stated that the variance is requested because it is necessary to set . the building ten feet from one side line and ten feet from the rear to allow for drive and rear yard. Chairman Hopkins questioned the legality of the sub- division now known as Tract 1049 since the lots do not contain 4000 sq. ft. as required by Ordinance 440. Secretary read from the minutes the discussion and action taken by the commission at a meeting held August 2, 1939, at which time the tentative map of this tract was approved. The commission had felt at that time that, since the lots conformed in size to the surrounding pro- perty and since small homes would probably be built thereon,.'. it would be unfair to require the subdivider to comply with the 4000 sq. ft. area per lot as required in the Ordinance. Chairman Hopkins asked Attorney Thompson if this action by the commission amended the ordinance and made these lots legal building sites. • I* Attorney Thompson stated that the map has been approved and sent to the City Council who in turn has approved it. This is now a legal subdivision, This action does not amend the ordinance. The commission has power of discression under the ordinance (Set 10, paragraph C) and by approving the map has waived the area requirements in this instance. This map has been recorded and it is now a legal subdivision. No one was present to protest the granting of this variance. Com. Briggs moved the adoption of Resolution No. 163 recommending to the City Council that a 50% front yard setback variance be granted to Dr. J. A. Linn on Lot,5, Tract 1049, Balboa Island and that the same be transmitted to the City Council by the Secretary and a copy filed as a part of the minutes of this meeting. Seconded by Com. Seeger. Roll Call: Ayes: Hopkins, $eager, Briggs, Williams, Patterson. Noes: None. i Motion carried and so ordered by the Chairman, FIRST BEARING - ON AMENDMENT TO ORDINANCE 440 - RE: BILLBOARDS. Secretary read the notice of hearing as published and stated that no con;munications had been received in connection with this hearing. Chairman declared the hearing open and called for discussion from the floor. No one was present to speak on this amendment. General discussion by the commission brought out the fact that this amendment would only prohibit construction of billboards in the future. The boards existing at the present time will become non - conforming elements and if torn down or otherwise destroyed they cannot be replaced. Com. Patterson moved that the amendment to Ordinance 440 prohibiting billboards be passed to second hearing, said hearing to be held February 21, 1940. Seconded by Com. Briggs. Motion carried and so ordered by the Chairman. COMMUNICATIONS: - Secretary presented a bill for $5.00 from the American Association of Planning Officials for dues of the commission for the year 1940. Com. Patterson moved that this bill be transmitted to the City Council with the recommendation that it be paid. Seconded by Com. Briggs. Motion carried and so ordered by the Chairman. COMMITTEE FMORTS:- ORDINANCE COMMITTEE Com. Patterson gave a short progress report stating that his department is working on the district maps and that they will be completed in the near future. ADJOURNMENT: - On motion of Com. Williams seconded by Coma Patterson and carried, the meeting adjourned. Respectfully submitted, oward W. Seeger, SECRETARY. •